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STUBBS v. SMITH

No. 517, Docket 75-2124.

533 F.2d 64 (1976)

William STUBBS, Appellant, v. H. J. SMITH, Superintendent, Attica Correctional Facility, Appellee.

United States Court of Appeals, Second Circuit.

Decided April 2, 1976.

Attorney(s) appearing for the Case

Richard A. Greenberg, The Legal Aid Society, New York City (William J. Gallagher, New York City, of counsel), for appellant.

Rhonda Amkraut Bayer, Deputy Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, of counsel), for appellee.

Before OAKES, VAN GRAAFEILAND and MESKILL, Circuit Judges.

OAKES, Circuit Judge:

This appeal is from a denial of a writ of habeas corpus in respect to a state court conviction for unlawful possession of a loaded firearm.1 Appellant seeks to raise the question of the constitutionality of the New York statutory presumption of possession of a weapon based on presence in an automobile where such weapon is found.2 He appeals from an order of the United States District Court...

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